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MATTER OF DONOHUE v. NEW YORK STATE POLICE

19 N.Y.2d 954 (1967)

In the Matter of John H. Donohue, Appellant, v. New York State Police, Respondent.

Court of Appeals of the State of New York.

Decided May 31, 1967.

Attorney(s) appearing for the Case

William Goffen for appellant.

Louis J. Lefkowitz, Attorney-General (Robert W. Imrie, Ruth Kessler Toch and Herbert H. Smith of counsel), for respondent.

John H. McCaddin for Police Benevolent Association of the New York State Police, Inc., amicus curiae.

Arthur J. Harvey for Police Conference of New York, Inc., amicus curiae.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN, KEATING and BREITEL. Judge SCILEPPI dissents and votes to affirm upon the opinion at the Appellate Division.

Order reversed upon the ground that the penalty imposed upon appellant is excessive as a matter of law (CPLR 7803, subd. 3; see Matter of Bell v. Waterfront Comm., 20 N.Y.2d 54 [also decided today]; Matter of Walker v. Murphy, 15 N.Y.2d 650, 651). His discharge is annulled and the proceeding remanded to respondent on the dissenting opinion at the Appellate Division for a determination in...

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